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My Professional Ethics > BSB Handbook Part 4 > Flashcards

BSB Handbook Part 4 Flashcards

1
Q

To whom does section 4.B apply?

What rule?

A

rQ1

  1. All individuals who wish to be called to the Bar and qualify to practice as a barrister =
  2. Authorised Education and Training Organisations
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2
Q

To whom does section 4.C apply?

What rule?

A

rQ2

All practicing Barristers

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3
Q

What is covered in section 4B?

A

Bar qualification Rules

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4
Q

What is covered in section 4C?

A

The CPD Rules

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5
Q

What must you do to be called to the Bar?

What rule?

A

successfully complete the following:

  1. Academic legal training
  2. Vocational training
  3. Number of qualifying sessions prescribed by BSB
  4. pay such fee/fees necessary
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6
Q

What must you do to obtain a provisional practicing license?

What rule?

A
  1. successfully completed a period of pupillage

2. pay such fee/fees necessary

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7
Q

What must you do to obtain a full license?

What rule?

A
  1. successfully completed a further period of pupillage

2. pay such fee/fees necessary

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8
Q

What will happen if the call declaration is false?

A
  1. shall be treated as a breach of the handbook

2. subject to section 5 (enforcement regulations)

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9
Q

True or False: BSB may grant exemptions to the rules on

  1. Being called to the Bar
  2. Obtaining a provisional practicing license
  3. Obtaining a full practicing licence

What is the rule?

A

True on all

rQ7

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10
Q

How does the BSB determine whether to grant exemptions to the rules on being called and obtaining license?

A

BSB will determine whether the relevant knowledge and experience of the applicant make it unnecessary for further training to be required

rQ8

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11
Q

How may an exemption to the rules on being called and obtaining license be granted?

What rule

A

Conditionally or unconditionally

rQ9

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12
Q

What conditions may be given along with the granted exemption to the rules on being called and obtaining a license?

What rule?

A
  1. requirement to do more training
  2. applicant must pass Bar transfer test

rQ9

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13
Q

What is rQ9

A

exemption to the rules on being called and obtaining license may be granted conditionally or unconditionally.

conditions include:

  1. requirement to do more training
  2. applicant must pass Bar transfer test
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14
Q

Where BSB grant exception, what may they also do?

A
  1. grant exemption on whole or part of the requirement to attend QS
  2. specify requirements which any requirement to attend QS is fulfilled (may be after being called)
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15
Q

What does rule rQ10 pertain to?

A

exemptions to the rules concerning Qualifying sessions

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16
Q

An application for exemption (to the rules on being called and obtaining a license) under this section must…

A

…be in such form as may be prescribed by the BSB

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17
Q

What must an application for exemption to the rules on being called and obtaining a license contain?

A
  1. details of applicant’s educational/professional qualifications and experience
  2. evidence (where applicable) that applicant is entitled to exercise rights of audience before any court.
    - specify rights
    - specify basis of applicants entitlement to such rights
  3. other representations or evidence which applicant wishes to rely
  4. verified English translation of every document relied on
  5. payment of such fee/fees as may be prescribed
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18
Q

What may the BSB do before deciding whether to grant any exemptions?

A
  1. May make further enquiries

2. May require applicant to provide any further information it considers relevant

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19
Q

TRUE OR FALSE: BSB must make further enquiries before granting exemptions?

A

FALSE. May

20
Q

What does it mean if an individual falls under rQ14?
Where is the rule for this?

What does it mean for this individual?

A

They qualify for full exemption. rQ13

  1. exempt from any component of training which they have not fulfilled
  2. authorise individual to practice as a barrister
21
Q

what are the categories of individuals which fall under rQ14?

A
  1. Individual granted right of audience by an approved regulator and is entitled to exercise those rights in England and Wales
  2. Individual granted right of audience by an approved regulator and is entitled to exercise those rights in High Court OR Crown Court. not both
  3. A barrister in Northern Ireland who has successfully completed pupillage in accordance with rules in Northern Ireland
  4. Qualified Swiss Lawyer
22
Q

Individuals granted right of audience by an approved regulator and who are entitled to exercise those rights in High Court OR Crown Court but not both are subject to which rule?

What does the rule say?

What must the BSB have regards to?

A

rQ15

These individuals are required to complete part of pupillage if considered necessary having regards to:

  1. Knowledge
  2. Professional experience
  3. Intended future practice?
23
Q

Where are the rules governing registration as a Registered European Lawyer?

A

Section 3.D BSB Handbook

24
Q

When would the BSB require an applicant who is a Registered European Lawyer to pass a Bar transfer test?

Which rule?

A

If it considers the applicant to be unfit to practice as a barrister

rQ18

25
When would the BSB not require an applicant who is a Registered European Lawyer to pass a Bar transfer test?
If they fall within rules rQ20 rQ21
26
What is rQ20
An applicant who 1. has been a Registered European Lawyer for atleast 3 years 2. have effectively and regularly pursued a Home Professional Title Professional activities in England and Wales for atleast 3 years 3. Applied for admission to the Bar before January 2025
27
What is rQ21
An applicant who 1. has been a Registered European Lawyer for atleast 3 years 2. have effectively and regularly pursued Professional activities in England and Wales for atleast 3 years 3. have effectively and regularly pursued a Home Professional Title Professional activities in England and Wales for less than 3 years 4. Applied for admission to the Bar before January 2025
28
Which rules fall under full exemption? What is each rule?
rQ13 - what happens when full exemption rQ14 - who qualifies for full exemption rQ15 - requirement for rQ14.2 (HC or CC not both) rQ18 - BSB may require applicant to pass Bar Transfer test rQ20 - requirements necessary rQ21 - requirements necessary
29
What must the BSB do when considering whether a Registered European Lawyer under rQ21 must pass a Bar Transfer Test? What must be taken into account by the BSB when considering whether a Registered European Lawyer under rQ21 must pass a Bar Transfer Test? What must the BSB assess/ verify and when?
1. Take into account: - Professional activities pursued by applicant - knowledge and professional experience gained - training received in the law of any part of UK - training received of rules/professional conduct of Bar 2. assess and verify at an interview the applicants effective and regular pursuit of professional activities and capacity to continue the activities pursued.
30
How can activities be regarded as 'effectively' and 'regularly pursued' ? What are some exceptions?
Activities are to be regarded as effectively and regularly pursued if they are actually exercised without any interruptions. exceptions to the rule: interruptions other than those resulting from the events of every day life; illness bereavement. annual/parental leave
31
What happens if an applicant to be barrister falls within the rQ24?
1. If BSB is satisfied, they will exempt them from the academic legal and vocational training. 2. If it sees fit, it will exempt from part pupillage
32
Who falls under rQ24?
1. An individual granted rights of audience by another Approved Regulator and is entitled to exercise those rights in any class of proceedings of the Senior Courts or all proceedings in county courts or magistrates 2. A Qualified Foreign Lawyer who has for a period of at least 3 years regularly exercised full rights of audience in courts which administer similar laws to the common law of England and Wales 3. A teacher of the law of England and Wales of experience and academic distinction
33
An Applicant who falls under rQ24.2 may apply for what? What is the purpose?
They may apply to be called to the Bar by an Inn on a temporary basis. for the purpose of appearing as a counsel in a particular case without being required to satisfy any other requirements
34
What must an applicant who falls under rQ24.2 who wishes to be called on a temporary basis have? What rule is this?
rQ25 1. Obtained from the BSB and submitted to an inn a Temporary Qualification Certificate 2. duly completed and signed a call declaration in the form prescribed by BSB 3. paid such fee or fees as may be prescribed
35
What is a Temporary Qualification Certificate?
A certificate which specifies the case for the purpose of which an applicant is authorised to be called to the Bar on a temporary basis
36
How can one obtain a Temporary Qualification Certificate? Where do you find the rule which tells you how to obtain a Temporary Qualification Certificate?
rQ26 Must submit to the BSB 1. evidence which establish that applicant is a Qualified Swiss Lawyer or falls within rQ24.2 2. a certificate of good standing 3. evidence which establishes that a professional client wishes to instruct the applicant to appear as counsel in the case/cases specified in the Temporary Qualification Certificate
37
Where must the applicant specify the details of any cases when applying to be called on a temporary basis?
Temporary Qualification Ceritificate
38
When will admission to an Inn and call to the Bar for an applicant applying to be called on a temporary basis take effect?
When the applicant is given notice in writing by the Inn and called to the Bar
39
What does CPD stand for?
Continuing Professional Development
40
What does EPP stand for?
Established Practitioners Programme
41
What does NPP stand for?
New Practitioners Programme
42
What is a Barrister's 'Learning Objective'? What must it be in reference to?
A statement of what a barrister intends to achieve through their CPD activities for that calendar year. A specific aim and one or more outcomes.
43
What is the Continuing Professional Development? What is CPD intended to develop? What is the purpose of CPD?
Work undertaken over and above the normal commitments of a barrister with a view to develop the barrister's skills, knowledge and professional standards. In order to keep the barrister up to date and maintain the highest standards of professional practice
44
What must a practicing NPP barrister who starts practice on or after 01/10/2001 do and when?
during the first three calendar years, they must complete a minimum of 45 hours of CPD training
45
Where can an NPP barrister find details of any compulsory courses they must complete? What else is shown here?
rQ137 guidance as to the types of activities that count towards CPD
46
Where can an NPP barrister find guidance as to the types of activities that count towards CPD?
rQ137
47
What is included in rQ137?
details of any compulsory courses that an NPP barrister must complete and guidance as to the types of activities that cound towards CPD

My Professional Ethics (14 decks)

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